Protection of Freedoms Bill

My Lords, as we have already discussed, among other things Clause 3 sets out the rules governing the retention of the DNA profile of a person arrested for a serious offence but not charged with that offence. In such cases, the police can apply to the biometrics commissioner to retain the DNA in certain circumstances, including where the alleged victim of the offence is a vulnerable adult. The amendment seeks to replace the definition of ““vulnerable adult”” as used in this context. Currently, Clause 3 defines a vulnerable adult by reference to Section 60(1) of the Safeguarding Vulnerable Groups Act 2006. However, as we will come on to when we reach Part 5 of the Bill, Clauses 65 and 66 seek to amend the definition of a vulnerable adult in the 2006 Act to mean any person over the age of 18 in receipt of a regulated activity, for example health or personal care. The changes made by these clauses to the definitions of vulnerable adult and regulated activity put the emphasis on the activity and the person carrying out that activity. It no longer attempts to define vulnerability or label a person as a ““vulnerable adult””. As a result, the definition is not particularly helpful in the context of Clause 3. Amendment 11 therefore draws on the definition in Section 5(6) of the Domestic Violence, Crime and Victims Act 2004, which defines a vulnerable adult as, "““a person aged 16 or over whose ability to protect himself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise””." We believe that this definition is far more apposite for the purposes of Clause 3. The reason why the amendment inserts the definition in full in new Section 63G(10) of PACE rather than merely referring to the 2004 Act is that our definition refers to persons aged 18 or over, as the definitions in new Section 63G(2), as inserted by Clause 3, already include all those aged under 18. I hope your Lordships will agree that this definition is sensible, and I commend it to the Committee.